• Maintenance amount

I earn 2.5 lakh per month and my wife earns 75k per month. She will take care of six year old daughter. What is the maximum amount she can ask as maintenance from my salary. I pay 25k towards car loan and 55k rent to my parents.
Asked 1 year ago in Family Law
Religion: Hindu

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11 Answers

Since wife is already earning and if her earning is sufficient for her then she shall not be entitled to maintenence. Child is joint liability of both parents so child expenses are to be shared by both parents. Since your earning is higher so major portion may be contributed by you. Payment of EMI for car shall be counted as your income being asset construction, however, payment of rent for parents who too are your liability so that would be deducted while calculating your income. Rest depend upon merit snd circumstances of the case. 

Siddharth Srivastava
Advocate, Delhi
1346 Answers

She can get up to 25k

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Your wife can seek around 50 k as maintenance 

 

your payment towards car loan is immaterial 

 

if you are maintaining your parents court would consider said fact while determining maintenance 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

Dear client,  If the alimony is being paid in the form of monthly payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Dear Sir,

The court will take the Assets and liabilities statement from both the parties of the case and decide t=its quantum. The Court may award up to  Rs. 50,000 as the maintenance.

 

Thanks & Regards,

Sanmathi S. Rao

 

Sanmathi S. Rao
Advocate, Bengaluru
46 Answers

Hi, while calculating maintenance the court will look into your gross salary. Normally court will fix 1/3rd as maintenance. But in your case wife is also working and she is earning.  Normally court will fix 50 k to 75 K as maintenance..

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

- As per judgment of Calcutta High Court, An earning woman who has adequate financial resources isn’t entitled to maintenance from her husband.

- Further, both , a Hindu father and a Hindu earning mother are obliged to contribute for maintenance of their children under the Hindu Adoption and Maintenance Act, 1956. 

- Since, she is earning a handsome amount , then she cannot claim any maintenance from you , however for the maintenance of daughter , you both are proportionately liable to pay the maintenance. 

- Further, as you are on burden of paying loan amount and rent , then these expenditure will be deducted for deciding your net income and for calculating the maintenance amount for the daughter . 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

She at least can claim 40 to 50k

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Even though she would not be eligible for seeking monthly maintenance amount, she may ask for maintenance for the child and also for the education expenses of the child, however she has to file the case for that, whatever she may claim, you may challenge the same on merits, because there is yardstick to measure the quantum for awarding maintenance.

T Kalaiselvan
Advocate, Vellore
87121 Answers
2338 Consultations

1. Car loan will not be counted. It is luxury. 

2. Generally, 1/3rd of husband's income is provided as maintenance by Courts, but it's not a settled principle.

3.Show all your liabilities in the affidavit of assets and liabilities, however small they might be. It will help the Judge to consider your position.

Tathagata Sarkar
Advocate, Kolkata
12 Answers

Dear querist, 

If the wife is earning sufficient amount to sustain her livelihood and even if the child is there aged 6 years. This does not becomes the ground to seek maintenance from your earnings. Although the facts are not mentioned in the query, however, if the ground that she left the matrimonial home without any sufficient cause and other ancillary grounds are raised while contesting the petition, no maintenance shall be awarded by the court. 

The answer further depends on the aspect, as to whether you wish to claim guardianship of the child or not. If you proceed in this direction, I don't think maintenance can be awarded. 

 

My advice for you would be to contest the petition and seek no maintenance order from the court. 

 

In case you need my consultation, I can be contacted on www.g.page/yuganshusharma

 

Regards,

Yuganshu Sharma
Advocate, Delhi
436 Answers
1 Consultation

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